[Peter_Spaeth]

Originally Posted by Rhotchkiss

It’s a psa 10 bc it sits in a psa 10 flip. But it’s still altered

Your fact pattern is not fraud for 3 reasons: (1) the grandson has not tried to realize financial gain (he has not tried to sell it, (2) submitting it to psa alone is not fraud, and (3) he did not know it had been altered

If the grandson new it was altered, submitted it to psa and got a numerical grade and then sold it for financial gain, knowing it was altered, and not disclosing it, then it’s fraud.

You are arguing with several people who have gone to law school and either actively practice law or have practiced law. This is like you telling a radiologist how to read an X-ray. You may not like it, you may not agree with it, but the fact pattern I have laid out meets all of the elements of fraud and fraud is a crime.

And with that, I wish you the best.

Ben, it is not fraud if the seller discloses it - there is no misrepresentation or omission (attempt to deceive).

1 and 2 are to me the same point, but I agree with your analysis. No sale and no intent, accepting the hypothetical at face value.